Journal of Business & Technology Law
Business Court News and Developments
- Feb. 21st, 2012
- Delaware Citizen's Group Questions Legality of Judges Moonlighting as Private Arbitrators: The Delaware Coalition for Open Government filed a law suit in October against Judges in Delaware's State Chancery Court for their involvement as private arbitrators, while still hearing cases in the court. The group contends that the public's constitutional right to judicial proceedings is violated by the chancellors' involvement in secret arbitration - creating what Professor Paul Kirgis of St. John's University School of Law calls a "two-tier[ed]" system of justice, with the wealthy having access to private, and fast, dispute settlement.
- Feb. 21st, 2012
- A High Court judge in Britain permitted service of a legal claim via Facebook, marking the highest level at which such a practice has been allowed. The judge permitted service through Facebook because it was uncertain whether the defendant continued to reside at his last known address.
- Feb. 20th, 2012
- West Virginia Supreme Court Seeks Comments on Business Courts: Following a March 2010 bill passed by the West Virginia Legislature, in June of 2010 state's highest court began a study on the possibility of adoption of a specialized business court to assist the West Virginia judiciary in building an expertise in commercial and business litigation to best handle the growingly complex litigation, and encourage business development in the state. The State Supreme Court is now seeking public comments on the proposal.
- Feb. 17th, 2012
- London has become a prime destination for settling big business disputes arising from the Russia and the Commonwealth of Independent States (CIS). CIS clients are involved in over half of the cases in the British High Court commercial division and a third of all cases at the London Court of International Arbitration; overall, lawyers estimate the litigation to be a multi-billion dollar industry. London has become a prime destination not only because of its established reputation for reliability and independence, but also because British courts require only a loose connection to gain jurisdiction over foreign cases.
- Jan. 17th, 2012
- Macomb County, Michigan has established a Specialized Business Docket (SBD). Judge John C. Foster was appointed to the docket, which will focus on the efficient management of complex commercial cases. Categories of cases including business torts, intellectual property, and securities disputes will be required to be placed on the SBD. Cases dealing with issues such as indemnification claims, business malpractice, and occupational health and safety will have the option of assignment to the docket. See the SBD Announcement for further information.
- Jan. 17th, 2012
- A task force recently recommended against setting up a speciality business court in Minnesota, but proposed the state adopt a Complex Case Program (CCP) to better manage those cases, while also attracting more complex civil litigation cases to the state court system. The CCP would offer specially trained judges who would handle cases throughout the entirety of litigation as well as greater flexibility to cases on its docket. More details can be found in the Draft Final Report by the Minnesota Supreme Court Civil Justice Reform Task Force.
- May. 17th, 2011
- Benjamin F. Tennille, Lee Applebaum and Anne Tucker Nees recently examined the availability and application of alternative dispute resolution in business disputes in specialized business and complex litigation courts. Getting to Yes in Specialized Courts: The Unique Role of ADR in Business Court Cases (PDF) was published in Volume 11 of the Pepperdine Dispute Resolution Law Journal.
- Feb. 8th, 2011
- Law Minister M. Veerappa Moily recently discussed the benefits of the proposed commercial divisions of India's high courts. Expressing concerns about the increasing trend of commercial litigation, he said the commercial divisions will help resolve commercial disputes speedily and will follow the fast track procedure initiated in the rural courts. These courts were set up to dispose cases within six months, enabling more than 450,000 cases to be disposed within 10 months.
- Jan. 26th, 2011
- The Michigan Judicial Cross Roads Task Force issued its Report and Recommendations today. Among other things the Task Force recommends the creation of a specialized business court docket. The Task Force believes that creating a specialized business court docket will help the state retain and attract businesses.
- Jan. 6th, 2011
- The Maryland State Bar Association Business Law Section Committee on Unincorporated Business Associations has drafted a proposed set of revisions to the Maryland Limited Liability Company Act. The drafting committee has issued a report, which outlines the major proposed changes to the Act.
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